Agenda and minutes

Venue: Council Chamber, The Arc, Clowne

Contact: Nicola Calver  Governance Manager

Media

Items
No. Item

405.

Apologies For Absence

Minutes:

Apologies for absence were received from Councillors Dexter Bullock, Natalie Hoy and Chris Kane.

 

406.

Declarations of Interest

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

 

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Minutes:

Councillor James Watson declared a non-significant other interest in agenda item 11 (LGPS Pensions Discretions 2019) and agenda item 12 (Reduction in Debt Charges through the use of reserves). Councillor Watson also indicated non-participation in these decisions.

 

Councillor Clive Moesby declared a non-significant other interest in agenda item 11 (LGPS Pensions Discretions 2019). Councillor Moesby also indicated non-participation in this decision.

 

407.

Chair's Announcements

To receive any announcements that the Chair of the Council may desire to lay before the meeting.

 

Minutes:

The Chair began his announcements with a mention of the recent passing of Annie Hall, the Former High Sherriff of Derbyshire. He stated that he worked with Annie on a number of occasions, and paid tribute to how kind she was.

 

The Chair requested that Members complete the Training Needs Survey e-mailed to them by the Governance team.

 

He announced that he had recently attended three events to represent the Council: a Remembrance service in Whitwell, the Remembrance Parade in Chesterfield and the Bolsover District Talent Showcase in Shirebrook. He stated that it was an honour to attend the Remembrance events, and the Talent Showcase raised £560 for charity.

 

The Chair passed over to Councillor Mary Dooley, who wished to mention that a blue plaque was recently unveiled in Pinxton for John King, the inventor of the mine cage safety detaching hook. She thanked Councillors Steve Fritchley and Ray Heffer on behalf of Pinxton Parish Council for attending the unveiling.

 

The Leader of the Council, was invited to speak and he moved to alter the order of business to defer agenda item 16 (Development Proposal – Whitwell Cluster – B@Home Framework) to a future Council meeting, because he felt Members needed more time to consider the report.

 

Proposed by Councillor Steve Fritchley and seconded by Councillor Duncan McGregor.

RESOLVED that the order of business be amended to defer agenda item 16, ‘Development Proposal – Whitwell Cluster – B@Home Framework’ to a future meeting of Council.

 

408.

Minutes

To approve the Minutes of the Council meeting held on the 11th September 2019

Minutes:

Moved by Councillor Duncan McGregor and seconded by Councillor Derek Adams.

RESOLVED that the minutes of the meeting held on 11th September 2019 be approved as a true and correct record and be duly signed by the Chair.

 

409.

Questions from the Public

In accordance with Council Procedure Rule 8, to allow members of the public to ask questions about the Council’s activities for a period of up to fifteen minutes.  A question may only be asked if notice of seven clear working days has been given.

 

i)             Question submitted  to Council by Mr. Atkin

 

In view of the mounting international controversy over the safety of 5G communications, does BDC have a policy on the subject?

 

ii)            Question submitted to Council by Ms Gilbert

 

       Has BDC received any planning applications from any communications company for the erection of any 5G masts or antennae?

 

 

Minutes:

In accordance with Council Procedure Rule 8, members of the Public were able to ask questions to an Executive Member about the Council’s activities for a period of up to 15 minutes.

 

i) Question submitted to Portfolio Holder for Environmental Impact Councillor Nick Clarke by Mr. Atkin:

 

In view of the mounting international controversy over the safety of 5G communications, does BDC have a policy on the subject?

 

Mr. Atkin gave some context in support of his question. He told Members how 5G technology was being rolled out in places all over the world, but a number of people had raised serious health concerns about using it. He added that if Bolsover District decides to introduce it, Members should research it before making a decision. Mr Atkins felt it was weapons-grade technology and the impact on humans and nature could be disastrous.

 

Mr. Atkin referred to instances all over the world of people reacting to the potential risks of 5G: a Senator in the United States of America admitted how the dangers of 5G had not been researched properly, and Japan had banned it outright. He concluded by stating that his question about Bolsover District Council having a policy on rolling out 5G was in view of all of these concerns.

 

Councillor Nick Clarke thanked Mr. Atkin for his question, and stated how he did not believe there was any formal Bolsover District Council policy relating to 5G technology.

 

Councillor Nick Clarke agreed with the concerns expressed by Mr. Atkin, and added that the need for more worldwide research into 5G technology was clear, particularly in light of WHO (World Health Organisation) conveying their concerns about 5G on a number of occasions. In concluding his response, Councillor Nick Clarke stated that he felt there should be a moratorium on any decisions or motions the Council might take on 5G technology in the future, until better research on the risks had been carried out.

 

SUPPLEMENTARY QUESTION:

 

No supplementary question was submitted.

 

ii) Question submitted to Portfolio Holder for Environmental Impact Councillor Nick Clarke by Ms. Gilbert:

 

Has BDC received any planning applications from any communications company for the erection of any 5G masts or antennae?

 

Councillor Nick Clarke thanked Ms. Gilbert for her question, and explained how the planning applications for the masts themselves were part of an infrastructure commission that Bolsover District Council was not a part of. However, he added that Bolsover District Council would voice its concerns about 5G risks to the commission, and the public would be made fully aware of any future decisions the Council might take relating to 5G technology.

 

SUPPLEMENTARY QUESTION:

 

No supplementary question was submitted.

(Chief Executive Officer)

 

410.

Questions from Members

In accordance with Council Procedure Rule 9, to allow Members to ask questions about Council activities.  A question may only be asked if notice of seven clear working days has been given.

 

Minutes:

In accordance with Council Procedure Rule 9, Members of Council were able to ask questions about the Council’s activities to either the Chair of the Council, Chairman of a specific Committee or a relevant Portfolio Holder.

 

No questions were submitted by Members under Procedure Rule 9.

 

411.

Motions pdf icon PDF 297 KB

In accordance with Council Procedure Rule 10, to consider motions on notice from Members.

 

a) Proposed by Councillor Clive Moesby

 

Motion on Chesterfield Campaign for Nuclear Disarmament (CND)

 

b) Proposed by Councillor Clive Moesby

 

Motion to support women born in the 1950s who have unfairly borne the burden of increases to the State Pension Age.

 

c) Proposed by Councillor Steve Fritchley

 

Motion to adopt the International Holocaust Remembrance Alliance (IHRA) working definition of Anti-Semitism

 

d) Proposed by Councillor James Watson

 

Motion for training sessions not to commence prior to 6:30pm

 

e) Proposed by Councillor Nick Clarke

 

Motion on the use of Fireworks

 

Additional documents:

Minutes:

In accordance with Council Procedure Rule 10, Councillors were able to submit Motions on Notice for consideration at meetings of Council.

 

a) The following motion was submitted for consideration by Councillor Clive Moesby:

 

The Council are in receipt of a letter calling for a recognition of residents’ concerns in relation to international developments in relation to nuclear weapons. 

 

Below is the letter for reference:

 

We write as citizens, concerned at international developments which have no national or local barriers: which impinge on, and threaten, us all. 

 

We note:

 

- The withdrawal of the USA from the International Treaty on Non-Proliferation of Nuclear Weapons of 1970

- The withdrawal of the USA from The Paris Climate Agreement of 2015

 

Each of these agreements had been achieved only after extensive and prolonged discussions, at International, Bi-lateral and local level. Each of these agreements resulted from world-wide pressure from peoples everywhere. 

 

We believe that the time has come when the peoples most concerned by the consequences of these decisions must okay their part in reversing these developments. 

 

We further note:

 

We are not alone. Major powers, including Germany, China and Russia have declared their intention to implement their part in those agreements, - though as a result of President Trump’s announcement, Russia too is withdrawing from the Non-proliferation Agreement.

 

Major Cities and States in the USA, including California and New York, have developed their own climate policies to meet those which President Trump has rejected.

 

Here in the UK, we have a history of local desire to play a part in these issues – expressed by the Derbyshire County Council’s ‘Nuclear-Free Zone’ initiative at the time of the Cruise Missile crisis. 

 

These examples show that we cannot leave our futures in the hands of the leaders who may be unworthy of such confidences. They show that popular pressure is needed to alert out populace of the dangers, and to get that awareness reflected in government decision making. 

 

We are in a dangerous place, where the electorate and the peoples of the whole world are disfranchised from decisions which govern the quality or even the possibility of life on earth. We can work to lessen these dangers. 

 

We appeal to Chesterfield Borough Council, North-East Derbyshire District Council, Bolsover District Council, and the Derbyshire County Council, to use their powers to act on these issues.

 

If you will join us, we may be able to make the world a less dangerous place. 

For further information, please contact us.

 

Yours faithfully

Lyn Pardo (Secretary) lynpardo@phonecoop.coop

Joe Clark (Chair Person) clamak@tiscali.co.uk

 

In response I move that the Council note its previous representations to HM Government requesting Bolsover to be declared a nuclear free zone in 1982 and reaffirms its position on this matter. 

 

Councillor Steve Fritchley duly seconded the motion and reserved his right to speak.

 

On being put to the vote, the motion was carried.

 

Moved by Councillor Clive Moesby and seconded by Councillor Steve Fritchley

RESOLVED that previous Council representations to HM Government be noted  ...  view the full minutes text for item 411.

412.

Reports on urgency decisions taken by the Executive

To receive a report from the Executive with details of any Key Decisions taken under special urgency provisions or Key Decisions which were exempt from Call In.

Minutes:

When appropriate, meetings of Council can receive a report from the Executive detailing any Key Decisions taken under special urgency provisions or Key Decisions exempt from Call-in.

 

There were no urgency decisions to report to this meeting of Council.

 

413.

Recommended Items pdf icon PDF 592 KB

To receive any items recommended for Council consideration from meetings of the Executive or Committees.

 

i)          Change to the Constitution – Joint Employment and Appeals Committee – Bolsover only appointments

            Recommended to Council by Standards Committee

 

Minutes:

Change to the Constitution – Joint Employment and Appeals Committee – Bolsover only appointments

 

The Council gave consideration to a mid-year change to the Constitution in relation to Member panels for interviewing and appointing Bolsover only members of SAMT.

 

A report had been submitted to the Standards Committee on the 23rd September 2019 in relation to the options for the interview panel and the recommendations were set out in Appendix 1 to the report.  It was suggested by Standards Committee that the following wording be added to the JEAC Terms of Reference for Bolsover only posts.

 

“Where the Authority determines to recruit to a Head of Service or Director post outside the Strategic Alliance or determines to take any disciplinary action in relation to such a post the Member panel will be called the Employment and Appeals Committee and will comprise the four Members of the JEAC, and, where there are two Leaders of the Opposition of groups of equal size, both Leaders of the Opposition will be Members of the Employment and Appeals Committee – increasing the size of the Committee to 5.

 

Moved by Councillor Clive Moesby and seconded by Councillor Andrew Joesbury

RESOLVED that the recommendations from the Standards Committee to amend the Terms of Reference for the Joint Employment and Appeals Committee for Bolsover only posts be approved.

(Monitoring Officer)

 

414.

Change of Committee Seats

To agree the replacement of Cllr J Tait and Cllr R Turner on the General Licensing Committee and Licensing and Gambling Acts Committees.

Minutes:

The Chair explained a proposal to agree the replacement of Councillor Janet Tait by Councillor Rita Turner on the General Licensing Committee and Licensing and Gambling Acts Committees.

 

Moved by Councillor Sandra Peake and seconded by Councillor Mary Dooley.

RESOLVED that Councillor Rita Turner be replaced by Councillor Janet Tait on the General Licensing Committee and Licensing and Gambling Acts Committees.

(Governance Manager)

 

415.

LGPS Pensions Discretions 2019 pdf icon PDF 345 KB

Report of the Portfolio Holder for Corporate Governance

Additional documents:

Minutes:

A series of changes had been made to the discretions available to the Local Government Pensions Scheme (LGPS), which came into effect from 1st April 2014. Under the LGPS regulations, employers were required to formulate, publish and keep under a review a policy statement in relation to the exercise of a number of discretions that were available. Members gave consideration to a report which proposed policy and approach on these discretions.

 

It was noted that the Councils proposed position was based on the discretions approved by Derbyshire County Council, and attached, at Appendix 1 to the report, was a list of discretions for which employers must consider in a policy statement under the scheme.

 

Having considered the proposals put, Members agreed the publication of the Councils position.

 

Moved by Councillor Duncan McGregor and seconded by Councillor Steve Fritchley.

RESOLVED that the policy and approach on the discretions the Council had to make be published in respect of its discretions under the LGPS.

(Section 151 Officer)

 

416.

Reduction in Debt Charges Through Use of Reserves pdf icon PDF 504 KB

Report of the Portfolio Holder for Finance and Resources

Minutes:

Councillor Clive Moesby presented a report proposing that that Council agree to re-finance the Capital Programme from reserves of £3.937m rather than borrowing. He explained how this would make substantial savings through reduced debt charges.

 

Councillor Graham Parkin enquired if the interest rate on the reserves was less or more favourable than the cost for borrowing. The Section 151 Officer explained that the rates were immaterial as the money in question would not go out of the Authority. If it did go out of the Council, the interest rate would be whatever the base rate was at that time.

 

Moved by Councillor Clive Moesby and seconded by Councillor Steve Fritchley.

RESOLVED that the Council re-finances the Capital Programme from reserves of £3.937m rather than borrowing, to make substantial savings through reduced debt charges.

(Section 151 Officer)

 

417.

Exclusion of the public

To move:-

 

“That under Section 100(A)(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed.” [The category of exempt information is stated after each item].

Minutes:

Moved by Councillor Tom Munro and seconded by Councillor Duncan McGregor

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed. [The category of exempt information is stated after each Minute].

418.

Head of Service and Section 151 Officer

Report of the Portfolio Holder for Finance and Resources

(Paragraphs 1, 2 and 3)

 

Minutes:

Members gave consideration to a report of the Portfolio Holder for Finance and Resources which sought approval to establish the post of Head of Service – Finance and Resources (including S151 statutory responsibility) for Bolsover District Council, to disestablish the Joint Head of Service – Finance and Resources post and also Chief Accountants post and to appoint a dedicated Head of Service – Finance and Resources (including S151 statutory responsibility) for Bolsover District Council.

 

Members gave consideration to the report and the rationale detailed within.

 

Moved by Councillor Clive Moesby and seconded by Councillor Steve Fritchley

RESOLVED that

1)      the post of Head of Service – Finance and Resources (including S151 statutory responsibility) for Bolsover District Council be established

2)      both posts of Joint Head of Service – Finance and Resources and Chief Accountant be disestablished and

3)      Theresa Fletcher be appointed as Head of Service – Finance and Resources (including S151 statutory responsibility) for Bolsover District Council.

(Chief Executive Officer)

 

(Recorded Vote: Councillor James Watson – Abstention)

 

419.

Proposed Addition to Management Capacity

Report of the Leader of the Council

(Paragraphs 1, 2, 3 and 4)

Additional documents:

Minutes:

At its September meeting the Executive approved to increase capacity within the Senior Management Team by adding a Bolsover only Director of Development and a Bolsover only Assistant Director of Development to the Bolsover establishment. Members gave consideration to the report to formally establish these two positions to ratify the interview process and to make the formal appointments as a result of recent recruitment exercises. In addition, the report requested to disestablish the post of the Joint Head of Property and Estates.

 

Having considered the content of the report Members were satisfied to make the following agreements:

 

Moved by Councillor Steve Fritchley and seconded by Councillor Duncan McGregor

RESOLVED that

1)        the posts of Director of Development and Assistant Director of Development as outlined in the appendices to the report and on the terms and conditions outlined within the Leaders report to Executive be established,

2)        the appointment of the panel to interview the Director of Development be ratified as set out within the report,

3)        the appointment of the panel to interview the Assistant Director of Development be ratified as set out within the report,

4)        that Grant Galloway be appointed to the post of Director of Development for Bolsover District Council,

5)        that Chris Fridlington be appointed to the post of Assistant Director of Development for Bolsover District Council; and

6)        the post of Joint Head of Property and Estates be disestablished.

(Chief Executive Officer)

 

(Recorded Vote: Councillor James Watson – Abstention)

 

420.

Development Proposal - Whitwell Cluster - B@Home Framework

Report of the Portfolio Holder for Housing and Community Safety

(Paragraph 3)

Minutes:

At the commencement of the meeting it was resolved that the Development Proposal – Whitwell Cluster – B@Home Framework be deferred to a future meeting of Council.